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Smt. Kalawati Devi v. State Of U.P. And Others - WRIT - C No. 13764 of 2007 [2007] RD-AH 4464 (14 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

Heard counsel for the petitioner and the learned Standing Counsel.

The petitioner, by means of this writ petition, has prayed for the following relief:-

"Issue a writ, order or direction in the nature of mandamus directing the respondents to vacate the school from the House No. 7, Sarai Chaudharian, Bulandshahr at once."

In paragraph-4 of the writ petition it is asserted that the petitioner is the owner and landlord of House No. 7 in which there is a primary school, which imparts education up to class V. The school is being run in one Varandah, one small room and one big room and the rent thereof is Rs. 50/- per month. Counsel for the petitioner further submitted that in view of the reports submitted by the District Basic Education Officer, that the school may be shifted somewhere else but the respondents are not shifting the school. It is on these basic facts that this petition has been filed for a direction upon the respondents to issue a writ of mandamus for vacating the premises.

Learned counsel for the petitioner has not been able to demonstrate that the respondents are under a statutory obligation which may compel us to issue a writ of mandamus as prayed for by the petitioner. It is simply a dispute between the petitioner and the landlord for which the remedy is available to the petitioner of filing a suit.

The petition has no force and is, accordingly, dismissed.

Date: 14.3.2007



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